BILL NUMBER: AB 124	CHAPTERED  09/21/99

	CHAPTER   436
	FILED WITH SECRETARY OF STATE   SEPTEMBER 21, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 21, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	PASSED THE SENATE   AUGUST 23, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JULY 7, 1999
	AMENDED IN SENATE   JUNE 14, 1999
	AMENDED IN ASSEMBLY   MARCH 17, 1999

INTRODUCED BY   Assembly Member Ackerman
   (Principal coauthor:  Assembly Member Machado)
   (Coauthors:  Assembly Members Alquist, Aroner, Honda, Kuehl, and
Scott)

                        JANUARY 5, 1999

   An act to amend Sections 2530.2, 2530.5, 2531, and 2532.6 of, and
to add Sections 2532.7 and 2532.8 to, the Business and Professions
Code, relating to the Speech-Language Pathology and Audiology Board,
and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 124, Ackerman.  Speech-Language Pathology and Audiology Board.
   Existing law provides that a supervising speech-language
pathologist employed or contracted for by a public school may hold
either a valid and current license issued by the board, or a valid,
current, and professional clear clinical or rehabilitative services
credential in language, speech, and hearing issued by the Commission
on Teacher Credentialing.
   The bill would additionally provide that a supervising
speech-language pathologist employed or contracted for by a public
school may instead hold a credential authorizing service in language,
speech, and hearing issued by the Commission on Teacher
Credentialing if it is not issued on an emergency permit or waiver
requirement basis.
   Existing law provides that the practice of an applicant who is
obtaining his or her required professional experience be
unrestricted, as specified, provided the applicant's required
professional experience application has been approved by the board.
   The bill would require that an applicant who is obtaining his or
her required professional experience must have been issued a
temporary license, as specified.
   Existing law provides for the provisions enacting the
Speech-Language Pathology and Audiology Board, under the jurisdiction
of the Medical Board of California, to become inoperative on July 1,
1999, and for repeal of these provisions as of January 1, 2000.
Existing law also provides for provisions of the Business and
Professions Code to continuously appropriate the moneys in the
Speech-Language Pathology and Audiology Board Fund.
   This bill would extend the inoperative date to July 1, 2002, and
the repeal date to January 1, 2003, thus making an appropriation by
extending the duration of the continuous appropriation.
   Existing law provides that the Speech-Language Pathology and
Audiology Board shall not renew any license or registration on or
after January 1, 2001, unless the applicant certifies to the board
that he or she has completed in the preceding 2 years not less than
the minimum number of professional development hours, as specified,
and requires the professional development services to be obtained
from institutions of higher learning, nonprofit educational or
professional associations, or other entities approved by the board.
   The bill would provide that the above specified professional
development requirements are applicable on and after January 1, 2002,
and would additionally provide that on and after January 1, 2001 and
until January 1, 2002, the board shall not renew any license or
registration unless the applicant certifies to the board that he or
she has completed after April 12, 1999, and prior to his or her
renewal date in 2001, not less than the minimum number of
professional development hours.  The bill would provide that
continuing professional development service may be obtained from
accredited institutions of higher learning, organizations approved as
providers by specified entities, or providers approved by the board.
  It would exempt institutions of higher learning and providers
approved by the specified entities from fees that the board may
otherwise charge continuing education providers.
   The bill would additionally authorize the board to issue a
temporary license for a period to be determined by the board to an
applicant who is obtaining his or her required professional
experience, and would further require the board to deem a person who
holds a valid certificate of clinical competence in speech-language
pathology or audiology issued by the National Council on Professional
Standards in speech-language pathology and audiology to have met the
educational requirements set forth for speech-language pathologists
or audiologists, as specified.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2530.2 of the Business and Professions Code is
amended to read:
   2530.2.  As used in this chapter, unless the context otherwise
requires:
   (a) "Board" means the Speech-Language Pathology and Audiology
Board or any successor.
   (b) "Person" means any individual, partnership, corporation,
limited liability company, or other organization or combination
thereof, except that only individuals can be licensed under this
chapter.
   (c) A "speech-language pathologist" is a person who practices
speech-language pathology.
   (d) "The practice of speech-language pathology" means the
application of principles, methods, and procedures for measurement,
testing, identification, prediction, counseling, or instruction
related to the development and disorders of speech, voice, or
language for the purpose of identifying, preventing, managing,
habilitating or rehabilitating, ameliorating, or modifying those
disorders and conditions in individuals or groups of individuals;
conducting hearing screenings; and the planning, directing,
conducting and supervision of programs for identification,
evaluation, habilitation, and rehabilitation of disorders of speech,
voice, or language.
   (e) "Speech-language pathology aide" means any person meeting the
minimum requirements established by the board, who works directly
under the supervision of a speech-language pathologist.
   (f) (1) "Speech-language pathology assistant" means a person who
meets the academic and supervised training requirements set forth by
the board and who is approved by the board to assist in the provision
of speech-language pathology under the direction and supervision of
a speech-language pathologist who shall be responsible for the
extent, kind, and quality of the services provided by the
speech-language pathology assistant.
   (2) The supervising speech-language pathologist employed or
contracted for by a public school may hold a valid and current
license issued by the board, a valid, current, and professional clear
clinical or rehabilitative services credential in language, speech,
and hearing issued by the Commission on Teacher Credentialing, or
other credential authorizing service in language, speech, and hearing
issued by the Commission on Teacher Credentialing that is not issued
on the basis of an emergency permit or waiver of requirements.  For
purposes of this paragraph, a "clear" credential is a credential that
is not issued pursuant to a waiver or emergency permit and is as
otherwise defined by the Commission on Teacher Credentialing.
Nothing in this section referring to credentialed supervising
speech-language pathologists expands existing exemptions from
licensing pursuant to Section 2530.5.
   (g) An "audiologist" is one who practices audiology.
   (h) "The practice of audiology" means the application of
principles, methods, and procedures of measurement, testing,
appraisal, prediction, consultation, counseling, instruction related
to auditory, vestibular, and related functions and the modification
of communicative disorders involving speech, language, auditory
behavior or other aberrant behavior resulting from auditory
dysfunction; and the planning, directing, conducting, supervising, or
participating in programs of identification of auditory disorders,
hearing conservation, cerumen removal, aural habilitation, and
rehabilitation, including, hearing aid recommendation and evaluation
procedures including, but not limited to, specifying amplification
requirements and evaluation of the results thereof, auditory
training, and speech reading.
   (i) "Audiology aide" means any person, meeting the minimum
requirements established by the board, who works directly under the
supervision of an audiologist.
   (j) "Medical board" means the Medical Board of California or a
division of the board.
   (k) A "hearing screening" performed by a speech-language
pathologist means a binary puretone screening at a preset intensity
level for the purpose of determining if the screened individuals are
in need of further medical or audiological evaluation.
   (l) "Cerumen removal" means the nonroutine removal of cerumen
within the cartilaginous ear canal necessary for access in
performance of audiological procedures that shall occur under
physician and surgeon supervision.  Cerumen removal, as provided by
this section, shall only be performed by a licensed audiologist.
Physician and surgeon supervision shall not be construed to require
the physical presence of the physician, but shall include all of the
following:
   (1) Collaboration on the development of written standardized
protocols.  The protocols shall include a requirement that the
supervised audiologist immediately refer to an appropriate physician
any trauma, including skin tears, bleeding, or other pathology of the
ear discovered in the process of cerumen removal as defined in this
subdivision.
   (2) Approval by the supervising physician of the written
standardized protocol.
   (3) The supervising physician shall be within the general
vicinity, as provided by the physician-audiologist protocol, of the
supervised audiologist and available by telephone contact at the time
of cerumen removal.
   (4) A licensed physician and surgeon may not simultaneously
supervise more than two audiologists for purposes of cerumen removal.

  SEC. 2.  Section 2530.5 of the Business and Professions Code is
amended to read:
   2530.5.  (a) Nothing in this chapter shall be construed as
restricting hearing testing conducted by licensed physicians and
surgeons or by persons conducting hearing tests under the direct
supervision of a physician and surgeon.
   (b) Nothing in this chapter shall be construed to prevent a
licensed hearing aid dispenser from engaging in testing of hearing
and other practices and procedures used solely for the fitting and
selling of hearing aids nor does this chapter restrict persons
practicing their licensed profession and operating within the scope
of their licensed profession or employed by someone operating within
the scope of their licensed professions, including persons fitting
and selling hearing aids who are properly licensed or registered
under the laws of the State of California.
   (c) Nothing in this chapter shall be construed as restricting or
preventing the practice of speech-language pathology or audiology by
personnel holding the appropriate credential from the Commission on
Teacher Credentialing as long as the practice is conducted within the
confines of or under the jurisdiction of a public preschool,
elementary or secondary school by which they are employed and those
persons do not either offer to render or render speech-language
pathology or audiology services to the public for compensation over
and above the salary they receive from the public preschool
elementary or secondary school by which they are employed for the
performance of their official duties.
   (d) Nothing in this chapter shall be construed as restricting the
activities and services of a student or speech-language pathology
intern in speech-language pathology pursuing a course of study
leading to a degree in speech-language pathology at an accredited or
approved college or university or an approved clinical training
facility, provided that these activities and services constitute a
part of his or her supervised course of study and that those persons
are designated by the title as "speech-language pathology intern,"
"speech-language pathology trainee," or other title clearly
indicating the training status appropriate to his or her level of
training.
   (e) Nothing in this chapter shall be construed as restricting the
activities and services of a student or audiology intern in audiology
pursuing a course of study leading to a degree in audiology at an
accredited or approved college or university or an approved clinical
training facility, provided that these activities and services
constitute a part of his or her supervised course of study and that
those persons are designated by the title as "audiology intern,"
"audiology trainee," or other title clearly indicating the training
status appropriate to his or her level of training.
   (f) Nothing in this chapter shall be construed as restricting the
practice of an applicant who is obtaining the required professional
experience specified in subdivision (d) of Section 2532.2 and who has
been issued a temporary license pursuant to Section 2532.7.  The
number of applicants who may be supervised by a licensed
speech-language pathologist or a speech-language pathologist having
qualifications deemed equivalent by the board shall be determined by
the board.  The supervising speech-language pathologist shall
register with the board the name of each applicant working under his
or her supervision, and shall submit to the board a description of
the proposed professional responsibilities of the applicant working
under his or her supervision.  The number of applicants who may be
supervised by a licensed audiologist or an audiologist having
qualifications deemed equivalent by the board shall be determined by
the board.  The supervising audiologist shall register with the board
the name of each applicant working under his or her supervision, and
shall submit to the board a description of the proposed professional
responsibilities of the applicant working under his or her
supervision.
   The board shall not give any credit for any required professional
experience that is completed in violation of this section.
   (g) Nothing in this chapter shall be construed as restricting
hearing screening services in public or private elementary or
secondary schools so long as these screening services are provided by
persons registered as qualified school audiometrists pursuant to
Sections 1685 and 1686 of the Health and Safety Code or hearing
screening services supported by the State Department of Health
Services so long as these screening services are provided by
appropriately trained or qualified personnel.
   (h) Persons employed as speech-language pathologists or
audiologists by a federal agency shall be exempt from this chapter.
   (i) Nothing in this chapter shall be construed as restricting
consultation or the instructional or supervisory activities of a
faculty member of an approved or accredited college or university for
the first 60 days following appointment after the effective date of
this subdivision.
  SEC. 3.  Section 2531 of the Business and Professions Code is
amended to read:
   2531.  There is hereby created a Speech-Language Pathology and
Audiology Board under the jurisdiction of the Medical Board of
California.  The Speech-Language Pathology and Audiology Board shall
consist of nine members, three of whom shall be public members.  The
Speech-Language Pathology and Audiology Board shall enforce and
administer this chapter.
  This section shall become inoperative on July 1, 2002, and, as of
January 1, 2003, is repealed, unless a later enacted statute, that
becomes effective on or before January 1, 2003, deletes or extends
the inoperative and repeal dates.
  SEC. 4.  Section 2532.6 of the Business and Professions Code is
amended to read:
   2532.6.  (a) The Legislature recognizes that the education and
experience requirements of this chapter constitute only minimal
requirements to assure the public of professional competence.  The
Legislature encourages all professionals licensed and registered by
the board under this chapter to regularly engage in continuing
professional development and learning that is related and relevant to
the professions of speech-language pathology and audiology.
   (b) On and after January 1, 2001, and until January 1, 2002, the
board shall not renew any license or registration pursuant to this
chapter unless the applicant certifies to the board that he or she
has completed, after April 12, 1999, and prior to his or her renewal
date in 2001, not less than the minimum number of continuing
professional development hours established by the board pursuant to
subdivision (c) for the professional practice authorized by his or
her license.  On and after January 1, 2002, the board shall not renew
any license or registration pursuant to this chapter unless the
applicant certifies to the board that he or she has completed in the
preceding two years not less than the minimum number of continuing
professional development hours established by the board pursuant to
subdivision (c) for the professional practice authorized by his or
her license or registration.
   (c) (1) The board shall prescribe the forms utilized for and the
number of hours of required continuing professional development for
persons licensed or registered under this chapter.
   (2) The board shall have the right to audit the records of any
applicant to verify the completion of the continuing professional
development requirements.
   (3) Applicants shall maintain records of completion of required
continuing professional development coursework for a minimum of two
years and shall make these records available to the board for
auditing purposes upon request.
   (d) The board shall establish exceptions from the continuing
professional development requirements of this section for good cause
as defined by the board.
   (e) (1) The continuing professional development services shall be
obtained from accredited institutions of higher learning,
organizations approved as continuing education providers by either
the American Speech-Language Hearing Association or the American
Academy of Audiology, the California Medical Association's Institute
for Medical Quality Continuing Medical Education Program, or other
entities or organizations approved as continuing professional
development providers by the board, in its discretion.
   (2) The continuing professional development services offered by
these entities may, but are not required to, utilize pretesting and
posttesting or other evaluation techniques to measure and demonstrate
improved professional learning and competency.
   (3) An accredited institution of higher learning, an organization
approved as continuing education providers by either the American
Speech-Language Hearing Association or the American Academy of
Audiology, and the California Medical Association's Institute for
Medical Quality Continuing Education Program shall be exempt from any
application or registration fees that the board may charge for
continuing education providers.
   (f) The board, by regulation, shall fund the administration of
this section through professional development services provider and
licensing fees to be deposited in the Speech-Language Pathology and
Audiology Board Fund.  The fees related to the administration of this
section shall be sufficient to meet, but shall not exceed, the costs
of administering the corresponding provisions of this section.
   (g) The continuing professional development requirements adopted
by the board shall comply with any guidelines for mandatory
continuing education established by the Department of Consumer
Affairs.
  SEC. 5.  Section 2532.7 is added to the Business and Professions
Code, to read:
   2532.7.  (a) Upon approval of an application filed pursuant to
Section 2532.1, and upon payment of the fee prescribed by Section
2534.2, the board may issue a temporary license for a period to be
determined by the board to an applicant who is obtaining the required
professional experience specified in subdivision (d) of Section
2532.2.
   (b) A temporary license shall terminate upon notice thereof by
certified mail, return receipt requested, if it is issued by mistake
or if the application for permanent licensure is denied.
   (c) Upon written application, the board may reissue a temporary
license for a period to be determined by the board to an applicant
who is obtaining the required professional experience specified in
subdivision (d) of Section 2532.2.
  SEC. 6.  Section 2532.8 is added to the Business and Professions
Code, to read:
   2532.8.  The board shall deem a person who holds a valid
certificate of clinical competence in speech-language pathology or
audiology issued by the National Council on Professional Standards in
Speech Language Pathology and Audiology to have met the educational
and experience requirements set forth for speech-language
pathologists or audiologists in Section 2532.2.
